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2022-02-02 Council Minutes CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 2, 2022 Pursuant to due call and notice thereof,the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 6:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 6:00 p.m. Councilors Mazzitello,Miller, and Paper were also present. Councilor Duggan was absent. PLEDGE OF ALLEGIANCE Council,the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Miller moved approval of the consent calendar as presented, pulling item e. a. Approval of January 18, 2022 City Council Minutes b. Approval of January 19, 2022 City Council Closed Session Minutes c. Acknowledge the November 17, 2021 Airport Relations Commission Meeting Minutes d. Acknowledge the December 28, 2021 Planning Commission Meeting Minutes e. £ Approve Resolution 2022-10 Approving Settlement Agreement and Release Between the City of Mendota Heights and Anthony Patton g. Approve Change Order for the Ivy Falls East Neighborhood Improvement Project h. Approve Change Order for the Ridge Place Sanitary Sewer and Streambank Repairs i. Approve Resolution 2022-06 Permanent Easement Modification to Northern States Power at Mendakota Park j. Approve Purchase of John Deere Gator and Snow Blade k. Approve Purchase of Fire Department Mobile Radios 1. Approve the December 2021 Fire Synopsis m. Approval of December 2021 Treasurer's Report n. Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEMS E)APPROVE RECLASSIFICATION OF NATURAL RESOURCES TECHNICIAN TO NATURAL RESOURCES COORDINATOR Councilor Mazzitello asked for an update on the status of the Natural Resources Management Plan. Public Works Director Ryan Ruzek commented that he does not have an update because staff are waiting for the spring season to include in the final report. Councilor Mazzitello moved to approve RECLASSIFICATION OF NATURAL RESOURCES TECHNICIAN TO NATURAL RESOURCES COORDINATOR. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PUBLIC HEARING A) RESOLUTION 2022-09 ORDERING OF IMPROVEMENTS FOR THE CENTRE POINTE STREET IMPROVEMENTS Public Works Director Ryan Ruzek explained that the Council was being asked to preside over a public hearing for the Centre Pointe Street Improvement project. Larry Poppler, TKDA,provided a presentation on the proposed Centre Pointe Street Improvements. Councilor Miller asked if there is a timeline for the improvements on Carmen Lane, which only has one means of egress. Mr. Poppler stated that more information will be known once a contractor is brought on board. He commented that the material from the reconstruction area could be reused for Carmen Lane, therefore he believed that work would occur in the Centre Pointe area first with Carmen Lane to follow. With only one access,the residents living in that area would be accommodated during the project. Councilor Mazzitello asked if the assessment values in the feasibility report could increase. Mr. Poppler commented they prepare the estimates to be conservative with the hopes that the value could be decreased. Public Works Director Ryan Ruzek replied that generally the estimate in the feasibility study is the worst- case scenario for assessments. February 2,2022 Mendota Heights City Council Page 2 of 16 Councilor Paper asked about trail improvements planned east of Carmen Lane. Director Ruzek noted that fall protection will be installed adjacent to the ravine and the trail will be moved north to connect with the eastbound drive lane to provide a safer crossing point. He noted an ADA compliant ramp would be installed. Councilor Paper asked who would be responsible for notifications to residents related to road closures and water shutoffs. Director Ruzek stated that the only water improvements would be the replacement of two hydrants and noted that Saint Paul Regional Water Supply (SPRWS)would provide the notification. He stated that TKDA or the contractor would be responsible for notifying residents related to road closures. Councilor Paper commented that many times people do not notice something on the front door and asked if notice could be placed on garage doors. Director Ruzek commented that the field staff attempt to build relationships with residents when onsite. He stated that daily reports are received from TKDA which are then posted on the City website as well. Councilor Miller moved to open the public hearing. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 Angie Leitner, 897 Carmen Lane, commented that she has concern about access during the project, along with communication, stating there are about 40 homes that use this access. She asked about the street width for Carmen Lane. She stated that she is also concerned with water shutoffs. She noted a group home in the development which makes multiple daily trips. She commented that the assessment value is shocking but noted that she appreciates the investment. There being no one further coming forward to speak, Councilor Miller moved to close the public hearing. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 Director Ruzek stated that a letter will be sent to the entire Crown Point neighborhood to advise them of the project and direct them to the website for continued updates. He stated that typically street width is measured from the face of the curb, while the report showed a measurement from back of curb which adds two feet. He stated that the section from Highway 62 to Carmen would have a width of 24 feet measured from face of curb which allows for two-way traffic. He stated that from Crown Point to the cul-de-sac there would be a width of 20 feet measured from face of curb. He noted that the design has not been laid out but that they would center where the existing center line lies. He noted they will attempt to avoid the mature trees. He commented that he is unsure how the hydrant replacement would impact water use but SPRWS would have recommendations if there are shutoffs necessary. Mayor Levine commented that the group home may need special consideration. She reminded residents that information will be posted on the City website and in the Friday News newsletter. February 2, 2022 Mendota Heights City Council Page 3 of 16 Councilor MazziteIlo commended Bobby Crane for his continued excellent work. He noted that Mr. Crane is working on a mapping of the street improvement projects and noted that this project completes the City. He noted that the City will have reconstructed, rehabilitated, or majorly maintained all of the City streets. I-Ie stressed the importance of continuing that cycle in order to maintain the duality of the roads. Mayor Levine commented that was a 25-year plan which took 27 years to complete. She agreed that it is an example of good governance and planning. She also commended Mr. Crane for his excellent work. She stated that the City will continue to follow the plan moving forward. Councilor Mazzitello commented that part of that moving forward will be coordinating with SPRWS on watermain replacement projects to complete street projects in conjunction with utility work. Councilor Mazzitello moved to approve RESOLUTION 2022-09 ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CENTRE POINTE STREET IMPROVEMENTS PROJECT##202107. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 NEW AND UNFINISHED BUSINESS A) APPOINTMENT TO THE PARKS AND RECREATION COMMISSION Mayor Levine stated the Council was being asked to make an appointment to fill a vacancy on the Parks and Recreation Commission. She stated that interviews for the position occurred prior to tonight's meeting and the Council chose Michelle O'Connor for the position. Michelle O'Connor introduced herself and commented that she is very excited to serve in a community. Councilor Mazzitello moved to adopt RESOLUTION 2022-11 APPOINTMENT FILLING A VACANCY ON THE PARKS AND RECREATION COMMISSION. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 B) RESOLUTION 2022-13 APPROVING A VARIANCE FOR 693 MULBERRY LANE Community Development Director Tim Benetti presented Resolution 2022-13,which approves a Variance for 693 Mulberry Lane, amending Code Section 12-1D-3.C.La, which regulates the number of accessory structures permitted for a single-family residential use. Councilor Paper commented this is a project that got out of hand because of a bad contractor. He stated that licensed contractors work hard to maintain their licensure and everyone should check the credentials for anyone working in your home. February 2, 2022 Mendota Heights City Council Page 4 of 16 Mayor Levine recognized that scamtning does not provide a guarantee for a variance. She appreciated the finding of the Planning Commission related to practical difficulty. She commented that the homeowner did their due diligence. Councilor Mazzitello commented that he believed the discussion of the Planning Commission was very good, noting that it included other aspects of this lot which are legally nonconforming, particularly the setbacks related to the driveway and detached garage. He asked if anything in this action should memorialize those elements for future applications that may come forward. Director Benetti commented that the City Attorney directed the City to focus on the request before it tonight. He noted that this will establish the legal nonconforming use. If the detached garage were more than 50 percent destroyed, the homeowner would need to request a variance to rebuild. He stated that if the detached garage is removed, it could not be rebuilt in the same place. He stated that the driveway appears to cross over the property line, noting that is a civil matter between the properties. Councilor Mazzitello asked if there is any other accessory structure on the property, noting that once the attached garage is completed, the detached garage would function as a shed. Director Benetti confirmed that the detached garage is the only accessory structure on the property. He noted the variance would carry forward with the property and to subsequent property owners, as would the legal nonconforming status. Councilor Paper moved to adopt RESOLUTION 2022-13 APPROVING A VARIANCE FOR 693 MULBERRY LANE. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 C) CONSIDERATION OF PLANNING CASE NO. 2021-13, A CONDITIONAL USE PERMIT TO AMEND MENDOTA PLAZA PLANNED UNIT DEVELOPMENT FOR NEW PHASE III/LOT 7, 79- UNIT APARTMENTS BY AT HOME APARTMENTS, LLC Community Development Director Tim Benetti stated the Council is asked to consider a Conditional Use Permit{CUP) authorizing an amendment to the Mendota Plaza PUD of 2009. At Home Apartments, LLC is seeking this amendment in order to provide a 79-unit apartment building on Lot 7 of the development. Director Benetti presented history on the 2009 Mendota Plaza PUD Master Plan and background and timeline of the proposed development of Lot 7. He noted that Councilors Mazzitello and Duggan met with the Applicant and discussed providing more green space by redistributing, reducing or eliminating outdoor parking and moving the building to the east; establishing setbacks from adjacent curb lines rather than the property line of 15-25 feet, with the clarification that the setback did not need to be the same all the way around the building and adjust building size by considering a 3-story building; by reducing the number of units to a total closer to 60 units, and reducing the overall height of the building by removing the proposed fourth floor or"push"the building deeper in the ground. Director Benetti provided the Council with an overview of the updated site plan noting that the building had been reduced from 89 to 79 units,the parking on the east had been removed,the parking includes 146 parking spaces with 125 on the interior and 21 on the exterior, the parking ratio is 1.85 spaces per unit, February 2, 2022 Mendota Heights City Council Page 5 of 16 the building has been moved east and he noted the specific setbacks, green space was added, and a dog park and small pocket park was now included. Director Benetti explained the history of the project area in relation to the Comprehensive Plan. Leanna Stefaniak, representing At Home Apartments, commented that they are a locally owned property management and development company and are well respected in Minnesota. She stated the company owns and operates all properties they develop. She commented that this development would be geared towards young professionals, which would aim to fill a gap in the housing market in Mendota Heights. She stated that the proposal is a good use and smart planning because of the proximity to commercial, retail, highways, and parks. She stated that in November they presented this request and ultimately requested the City to table it. The City Council setup a public forum in order to continue to engage the community and receive input. She noted that Councilors Duggan and Mazzitello facilitated those discussions with the community. The Councilors then provide a list of"asks"to At Homes. She reviewed each of the asks and how At Home Apartments responded, including removal of the surface parking to provide additional greenspace;moving the building to the east to create additional greenspace and a pocket park; establishing a greater setback now proposed at 25 feet; and lowering the height of the building by four feet. She noted that they were asked to reduce the unit count to 60 but noted that would not be economically feasible, stating they reduced the number of units from 113 to 79 units. She stated they were asked to remove the entire fourth floor,but noted that they pulled back portions of the fourth floor similar to The Reserve Apartments building. She stated that in addition to their responses, they provided other positive changes to the site. She noted that this would be less impervious surface than originally requested. She stated that they increased the parking ratios noting a ratio of 1.85,making it the highest parking ratio for any recently approved multi-family development. She stated by internalizing the surface parking,they expanded the building footprint slightly which allowed increases to unit sizes. She stated that by reducing the unit count,they also reduced the daily trip count for the project. She stated that they also increased the greenspace and will continue to work with specialty consultants to design the dog park and pocket park. Pete Keely,project architect, displayed renderings of the proposed building and noted that they worked to push the fourth floor back from the south side of the building to minimize the impact. He identified a continuous sidewalk as well as an increased courtyard space. The courtyard is a place for the residents of the building to gather while also reducing the mass of the building. He reviewed different elements and amenities of the building floorplan, and provided details on the height calculation for the building height and grade. He provided photos of how the building will look from different locations in the area. He reviewed the different housing products in the area including The Reserve, The Linden, and phase II of The Reserve noting that those are all aimed at an older demographic. He stated that this would be a good location for the younger demographic because of the walkability and access to different retail and restaurants, along with the amenities included in the building that foster a sense of community and gathering. He noted that a younger population tends to activate and energize a community. Councilor Mazzitello stated that the Council received an email from a Dakota County master gardener related to the landscaping plan. He asked that the applicant take those comments into account. Ms. Stefaniak commented that she also received the email and stated they are working on the preliminary design of the landscaping plan. She noted that the landscaping consultants will attempt to incorporate those suggestions as they work with City staff as well. Councilor Mazzitello referenced the impervious surface and noted that the dog park and pocket park appear to be paved in the renderings.Mr.Keely provided additional details on the portions of each amenity February 2, 2022 Mendota Heights City Council Page 6 of 16 that would be pervious or impervious. He noted that there will be some hard surface areas along with green areas and over story trees in those areas. Councilor Paper commented that he does not believe overstory trees can be stressed enough for the benefit they provide. He referenced the grade on the south side of the building and asked if that is street level. Mr. Keely replied that because the building is flat and the grade slopes, the middle of the building would be at street level while the east side of the building is above grade, and the west side is below grade. Councilor Paper asked how the building would be maintained long-term to ensure it remains vibrant in year 30. Ms. Stefaniak replied that this is their investment because they own it and manage it. She stated that At Home Apartments has educated staff with different certifications to ensure the assets are well maintained. She stated that they employ all the necessary employees to maintain the buildings and grounds, as the renters are their customers, and they aim to keep them happy. Councilor Paper asked how often an apartment is renovated. Ms. Stefaniak commented that depends upon what they see when a resident moves out. A team reviews the unit to determine what is needed. Councilor Paper asked how the developer chooses which rules will be followed in terms of setbacks and other regulations. Ms. Stefaniak noted that there are no firm rules within the MU-PUD as it is intended to be flexible to allow for a mix of residential and non-residential uses. She recognized that the Council has the discretion as to what should be employed on this site. She stated that one of the asks was to provide a setback of 15 to 25 feet and they in return provided a setback of at least 25 feet. Councilor Paper asked how this item ended up here in February rather than earlier. Ms. Stefaniak stated that in November there were still a lot of questions and concerns, therefore At Homes requested the item to be tabled to continue discussions. She stated that she requested a Council task force to facilitate those discussions and Councilors Mazzitello and Duggan were selected to participate. She noted that meetings occurred which were open to the public to provide input. She stated that a lot of constructive and creative ideas were received. She stated that it was agreed at that time that they would not be able to accomplish all of the amendments to the plans during the holiday season, therefore the item was postponed. Councilor Paper asked the average rents for the smallest units and related minimum income requirements. Ms. Stefaniak replied that all tenants are required to have an income three times the rent amount. She stated that increases based on the number of occupants, noting that if two people occupy the unit the income requirement would be 3.5 times the rent amount. Mayor Levine noted young professionals working from home and asked whether there would be accommodations for them. Mr. Keely commented that they have been discussing that for all of their properties. He noted that they are incorporating space within all the units for a workstation where someone could work and participate in a Zoom call. He noted that it would not work well to conduct a Zoom call in a common area. He stated that there are also a series of spaces where someone could bring their laptop to do some work and he identified the different areas in the building that could be used. He stated that the clubhouse would be multipurpose and could be used for dining and gathering but could also be used for work on a laptop. He stated that they would also have a Zoom room where people could take those types of calls. He highlighted the outdoor spaces that could be used for that purpose. February 2,2022 Mendota Heights City Council Page 7 of 16 Ms. Stefaniak commented that work from home required multi-family residential properties to factor that in,noting that there is Wi-Fi available in all common areas along with charging stations and a Zoom room. She noted that the apartments would have a built-in desktop station as well. Mayor Levine welcomed input from residents. Jill Smith, 625 Hampshire Drive, commented that the lot is described as 2.04 acres but she believes that includes right-of-way. She believed the density proposed exceeds the allowable density within the Comprehensive Plan. She commented that the MU-PUD stated that the development should be in scale with the adjacent developments. She believed that surrounding land uses around The Plaza should be considered. She expressed concern with additional traffic and impacts to the response time from the Fire Department. She stated that economic factors cannot be considered in land use decisions. She commented that this apartment project is too large for the lot. She asked that the Council support its constituents. She asked why the concerns of the Planning Commission have not been considered and asked how this project would benefit the City. She urged the Council to deny this proposal. John Maczko, 751 Cheyenne Lane, commented this discussion is about what is right for the community and what fits on the site. He stated that in November he commended Ms. Stefaniak for her request to table and have community discussions. He commented that what exists today in the PUD does not come close to what was originally envisioned for the property. He commented that there was no process or community involvement. He stated that there was one meeting on December 13Ih and there was no interaction between the developer and community, He stated that he believes this new plan is unchanged from the original proposal. He commented that the retaining walls are not shown and not all areas intended to be pedestrian friendly will actually be pedestrian friendly because of the grades. He stated that the adjacent building will have 58 units, therefore it does not make sense that lesser units could not work. He stated that if this is intended to be a planned unit development, this should be denied until the City can decide what it wants for the site. He does not believe this is something the community wants. He commented that he is disappointed that this is turning into a situation where the developers continue to provide presentations with the hope that residents will stop showing up. He commented that the residents should have an opportunity to say what they want on that site. Julie Bader, 910 Mendakota Court, commented that when people return to work after COVID, the traffic issues on Dodd will become worse. She stated that conditions are unsafe and adding more traffic to this area does not make sense. She believed the infrastructure should be addressed first. Mike Resnick, 894 Mendakota Court,commented that vehicles drive on the shoulder on Dodd Road which is unsafe. He noted that as a pedestrian, crossing that road is not safe with children. He was disappointed that the discussion tonight did not include traffic. Kate Christensen, 2280 Ocala Court, commented she does not feel there was a difference between the requests. She commented that the number of trees seemed to have decrease and there have been other recommended landscaping items that have not been incorporated. She stated that she would prefer landscaping in place of a pocket park. She stated that the City made a commitment towards sustainability and believed this request should be made GreenStep compliant. She recognized that this use would generate less traffic than a daycare, but would still be more than exists today. She asked for details on the height of the retaining wall, noting that it would keep people out of the courtyard which is meant to be private for the tenants. She commented that this still feels too big and not what the residents asked for. She noted that while this would be a nice building for the tenants, it would only benefit the tenants. February 2, 2022 Mendota Heights City Council Page 8 of 16 Joe Betlej, 1335 Riverside Lane, stated that the importance of how the PUD works is to consider the uses on the edges of the site and how they work with adjacent uses. He stated that the MU-PUD was designed to use standards consistent with the rest of the city and what was good development. He stated that he was bothered by the feasibility argument and the cost of the land, noting that the cost of the land has nothing to do with the request before the City. He stated that a building of this height will be a big impact on the adjacent residential homes. He noted that this building will face the backside of a retail building with dumpsters and truck traffic and believed there should be a buffer between. He commented that there has not been any discussion on the overall PUD, and has been focused on just this parcel. He commented on the parking that exists for the mall and asked if parking is being double counted. He asked how trash would be handled in the building, noting that he did not see an area for collection of trash. He asked that the Council deny the request. Tamara Will, 788 Hokah Avenue, stated that she views the changes made in the Comprehensive Plan as mistakes and that residents do not pay attention to the details during the planning process and get involved when something comes forward in their neighborhood. She noted that the Mayor provided guidelines for the residents speaking, but yet staff and the developer were allowed to speak for over an hour and will have another opportunity to speak as well. She mentioned a petition with over 30 signatures against the project. She provided comments that residents had related to the traffic on Dodd Road and their desire for increased pedestrian safety. She feels that it seems the residents are being worn down because they feel their comments do not matter. She commented this development does not make sense for the community. Bernard Friel, 750 Mohican Lane, noted the group of residents against development is not a small group, and includes former Council, Planning Commission, Parks and Recreation Commission members, and others. He wondered why there was no market study done to support the statement made that this would be a desirable place for young professionals. He stated that the developer made a small reduction in traffic compared to a childcare center but does not review the other comparisons to a childcare center that would be negative. He stated this is a high-density residential project and, but for the fact that this is a PUD, it would be guided by the high-density provisions of the zoning ordinance. He noted that the previously planned development in the PUD included open space, which does not exist in this proposal. This development has been developed in a hodgepodge manner. He noted that the concerns for traffic and the desire for open space have been set aside. He hoped the Council would consider the input of the residents. Sarah Ziskin, 788 Hokah Avenue, commented that she will graduate college this year and loves Mendota Heights. She commented that young people want to leave their parents' home and enter the real world, and not remain in a small town they grew up in. She stated that young professionals want places to walk to. She did not believe this community is the right fit for young professionals. Stacy Styles, 2188 Aztec Lane, stated that people are not coming to meetings as they feel they are not being heard. She stated the renderings are beautiful and there have been some concessions made, but that building does not fit into the space. She believed that infrastructure should be addressed before adding more people. She does not think young professionals would be content in this space. Sally Lorberbaum, 890 Douglas Road, commented that she is a member of the Planning Commission. She noted that this is a new plan and she is pleased with many of the changes. She commented that these changes are still not right and suggested sending this back to the Planning Commission for further review. She commented on the size of the dog park, and that a third of the parking is a width of 18 feet rather than February 2, 2022 Mendota Heights City Council Page 9 of 16 20. She stated that the focus of the Council needs to be on the community and business community. She commented that if the developer cannot make it work financially, perhaps this is not the right fit. Thomas Smith, 625 Hampshire Drive, referenced the comment that phase II and phase III will appeal to young professionals. He stated that Mendota Heights has been rated as the most boring suburb in the Twin Cities. He stated that Councilor Duggan recommended that the number of units be reduced to 40 units and the developer requested 79, stating that any less would not be economically feasible. He stated that economic considerations should not be part of this decision. He stated that the Planning Commission recommended denial of the proposal and asked why the judgement of that body should be ignored. He stated that Mendota Heights is a unique residential community and has avoided dense development. He stated that people enjoy living here because the City has refused to pander to developers. He asked if there is any reason that the Council should ignore the tradition to avoid dense development. He stated that if the Council approves this request, its legacy will be far different than those that have served before. Jeff Nath, 1911 Knob Road, commented that this process has been bad. He reviewed some of the concerns he has heard from residents related to the traffic on Dodd Road. He stated that at the first meeting there was a lot of discussion about traffic concerns and a decision that a task force would be formed, and that issue should be separated from the apartment request. He stated that the residents do not feel heard on that issue. He stated that this process has been brutal with residents waiting over three hours to provide their comments. He was hurt by the fact that emailed comments carry the same weight as those residents that attend the meetings and wait hours to be heard. He stated the residents are tired of this process and have become worn down. He commented that At Home Apartments and Pastor Properties have been great in incorporating changes. He stated that those parties are not the ones causing the traffic problems, but that infrastructure has to be improved before additional development can be considered. He commented that they are continually told not to talk about traffic, which is the main concern for safety. He stated that the Planning Commission recommended denial and that was ignored. He stated that there continues to be more residents speaking in opposition than in favor and yet phase II was approved. He stated that when the process is done, the Council should look to create a better forum for residents. Mayor Levine called for a brief recess. Mayor Levine reconvened the meeting. Howard Pastor, Pastor Properties, provided background information on his family's involvement in The Plaza. He stated that there has been a lot of input throughout this process, and he will continue to welcome public dialogue as The Plaza continues to evolve. He stated that he needs the traffic issue to be addressed as well. He stated that Pastor Properties wants to be part of the solution but recognized that decisions need to be made on a much higher level with the State and County. He stated that there is a fantastic opportunity before the City today as this could realize the finalization of the downtown Mendota Heights area and complete the PUD. He noted that public input was a part of the development of the PUD and the Comprehensive Plan and this opportunity should be embraced. He stated that this would bring more people into the community and provide more housing options for residents. He stated that there should be a housing product choice for those who do not want, or are not in the position to,purchase a single-family home. He stated there is far too much vacancy at The Plaza and The Village. He commented that vacant storefronts will not bring in customers and retailers. He stated that bringing more people in will help to revitalize that commercial area. He stated that it is great that people are concerned and noted that should be converted to positive energy in order to move forward. He stated that if this next step could be approved,the next focus would be on The Plaza and how they can connect the buildings and create more February 2, 2022 Mendota Heights City Council Page 10 of 16 public gathering areas and attract more businesses and restaurants. He stated that they would love to pursue opportunities for programing public spaces within The Plaza. He stated that the time is now as this is an amazing opportunity. He asked the Council to decide to build a future that illuminates Mendota Heights as a beacon with a community center that is inclusive and accessible to everyone. Ms. Stefaniak commented that The Plaza is a welcoming center of the community. She understands the frustration in the process as she has attended all these meetings. She stated that when comparing this process to that of The Linden, it must be remembered that The Linden was public property whereas this is privately owned property. She stated that they even deviated from the typical process to include the public forum. She appreciated the efforts of the residents that took time to attempt to analyze the calculations but noted that their engineers are licensed and their numbers are accurate. She stated that they commented earlier about greenspace, the additional trees and will work with the master gardeners and City staff. She stated that they also need to design the landscaping for the dog run,pocket park, and overall landscaping. The City has made a commitment to become a GreenStep city and they are working with staff to determine how those elements can be incorporated. She understands there is an idea that this project is too big and is not what the community wants. She stated that staff and the Comprehensive Plan have said otherwise as the plan identifies housing with density requirements that are met on the minimum range. She stated that traffic has been discussed and their traffic counts are included in the report. She stated that this would generate more traffic than a daycare, but not during the peak times. She noted that their use would generate less traffic than the previously combined proposed uses. She stated that they have followed the guidelines within MU-PUD and the Council has the discretion on the decision. She noted that while not all young professionals will choose this location, others will. She stated that they have 30 years of experience and believe this will be a successful location. She noted that Eagan is also not an exciting community,but their new rental locations are filled with young professionals. She stated that she was quoted in the Star Tribune article as were others in this room. She referenced a quote in the article that stated that transients will live in the building rather than residents. She stated that referring to renters as transients is a derogatory term as there are many reasons people choose to rent and they should not be discounted as residents. She stated that the Mendota Heights that she knows is kind and inclusive and that is why she chooses to raise her family here and was bothered by a statement that would look down on someone because of how they choose to live. She urged the Council to approve the project as this would invigorate the area and bring vibrancy to The Plaza. Councilor Miller stated that economics is related to opportunity cost, which exists in every financial decision. He asked the other members of the Council why they believe this is the right thing for this space. He stated they have heard from a lot of people and many have said they do not feel their comments are being heard. Councilor Paper stated that a lot of work has been put in, going back to the Comprehensive Plan which is the guiding document for the City. The plan identifies density for this vacant property. He stated that adding density and options is one of the few things he campaigned on. He stated that he wanted options within the community to give existing residents places to go while staying in the community. He believed that the City has done a good job propelling forward in attempting to become current, under the guide of the Comprehensive Plan. He also reviewed the density range for MU-PUD. He stated that the Council worked together to develop a satisfactory range for that density,with input from the residents and Planning Commission. He referenced a housing goal to meet future needs with a variety of products and to encourage housing products in various forms. He reviewed the need for additional housing products for young people and multi-family housing options for young families also found within the Comprehensive Plan. He stated that this is a known developer coming to the City with a product that meets and exceeds February 2, 2022 Mendota Heights City Council Page 11 of 16 what the City is Iooking for, according to the Comprehensive Plan. He stated that this would be a nice project that would fit with the area and would add vibrancy to The Plaza. He noted that he has heard comments from residents both in support and opposition. He stated that he wants to ensure that the tree canopy is kept in focus. He stated that if the trees cannot be added to this parcel, they should be added to The Plaza. He stated that this development would offer inclusion. He noted that he does not want to live in a community that excludes others. He stated that he would like to see the community be more gracious and inclusive of everyone. He commented that Mendota Heights needs to move forward and be willing to make changes in a thoughtful manner. He stated that this is an opportunity with a known developer that provides a terrific product. Councilor Mazzitello stated that he was a member of the Planning Commission when the Comprehensive Plan was developed. He noted that the planning process was long with multiple times for public input, and multiple Planning Commission and City Council meetings. He recognized the comments that residents do not feel heard but noted that the community forum was held in order to hear the residents. He stated that the residents have been heard. He stated that the issue of traffic on Dodd Road came up early in the process and in response the City setup a committee to meet with MnDOT and the County.He stated that the City does not own Dodd Road and has to work with the State on any improvements. He stated that the asks that were given to the applicant were a direct result of the comments from the public. He stated that there is a whole separate list with asks for The Plaza. He agreed that this process should be improved. He recognized that the City has a 60-day review period with the ability to extend that by an additional 60 days, but then a decision must be made. He stated that he does not care about what others think he does,but what he thinks about what he does, as that defines character. He noted that it is equally as vile a sin for someone of means to look down upon someone who is challenged as it is for someone that is challenged to look upon those with means with contempt. He stated that he does not want to live in a community with those biases. He stated that he knows people that rent apartments because they choose to, but that does not make them transients. He stated that he does not want to be in a community that discriminates against people because of where they choose to live. He stated that he spent two decades serving in the military and has met people from all over the world and no one is better than anyone else. Mayor Levine stated that the Comprehensive Plan was adopted prior to her taking office and she has spent a lot of time reviewing the document. She stated that when she has been confused on the right decision, she uses the Comprehensive Plan as a guiding document. She stated that this request fits within different elements of the Comprehensive Plan which encompasses the thoughts and planning from generations before as well as a vision for the future. She commented that there is a traffic solutions committee, which Councilor Mazzitello is a part of. She heard the comments related to traffic and pedestrian safety, which need to be solved but recognized that is not a problem to be solved by this project. She stated she would have a hard time tying a denial of this request to traffic, which is not a problem created by this property. She stated she was outraged by the remark in the newspaper article as that does not represent who the community is. She stated that she was sad and embarrassed when she read the article. Councilor Miller stated this request is an MU-PUD which means it is the purview of the Council to decide whether the proposal is a good fit. He stated that he disagrees on this issue. He believed that this should be sent back for continued work. The Council was hired to review the documents and listen to the people in order to merge those things and move forward. He stated that he agrees with denouncing the comment using the word transient and would hope the person realized their comment was inconsiderate. He stated that he did not believe this is the best they can do. He agreed that Mr. Cashill builds a great product, but the question is whether this product fits the character of the city. He stated that the tone of the audience February 2, 2022 Mendota Heights City Council Page 12 of'16 needs to be listened to. He stated that this is a tough decision. He stated that while the other members believe this is right for the City, he believes they can do better. Councilor Mazzitello applauded Councilor Miller on a number of accounts. He stated that Councilor Miller has been a consistent voter in review of development. He noted that there has been very little he and Councilor Miller have disagreed on, with the exception of this request. He stated that honoring the past and where the City came from is a huge part of the Comprehensive Plan. He stated that Mendota Heights is a model city in terms of layout of its development and where different types of development occur, including the downtown,where it is located and the amenities within. He stated that things cannot remain stagnant, and the community needs to progress. He challenged Councilor Miller to say what the best they can do would be. Councilor Miller was unsure, noting that he would like to find out. He believed that the Council should continue to listen to residents and make this as good as it can be. Councilor Paper moved to approve CONDITIONAL USE PERMIT AUTHORIZING AN AMENDMENT TO THE 2009 MENDOTA PLAZA PUD AS REQUESTED UNDER PLANNING CASE NO. 2021-13 AND WHICH APPROVAL WOULD ALLOW THE DEVELOPMENT OF THE PROPOSED 79-UNIT APARTMENT BUILDING(PHASE III) AS PRESENTED HEREIN. Councilor Mazzitello seconded the motion. Further discussion: Councilor Paper stated that he is concerned with the landscaping and how this would tie together overall with the whole development. He stated that he wants to know for sure that the right amount of trees are being provided. He commented that this is a good product but does not want trees and landscaping to be overlooked. Councilor Mazzitello asked if a condition could be added to the motion. Community Development Director Tim Benetti confirmed that could be done but noted that the developer would be bringing back a plan as part of the future development agreement that will come before the Council. He stated that at that time additional requirements can be made based on the developed plan set. Councilor Mazzitello asked and confirmed that Councilor Paper would be in agreement with that concept. Councilor Paper commented that this is a need in the community and is important. He stated that this is not a quick decision as there has been a lot of thought, discourse, and support in favor of and in opposition of. He stated that throughout this entire process he has attempted to respond to everyone that has reached out and appreciates that input. He stated that he was put in the position to make a decision that he feels is in the best interest of the community for the long-term. Councilor Miller asked that an individual vote be taken. Mayor Levine stated that while some people will be disappointed with the outcome, she has spent countless hours meeting with staff, the applicant, and listening and responding to residents along with observing traffic in the area. She recognized the frustration some residents are feeling and thanked everyone for their input. She thanked Councilors Duggan and Mazzitello along with the residents that provided input in the community forum which helped to make this a better application. She stated that the original concerns from the Planning Commission and herself have been addressed in the revised February 2, 2022 Mendota Heights City Council Page 13 of 16 application. She stated that the findings of fact must be based on fact, previous decisions and fair. She stated that denying the proposal would not place the City in a better bargaining position or prevent development. She stated that an approval will offer a place for young professionals to live, which is lacking, and is consistent with the Comprehensive Plan. She stated that this is the last parcel in the mixed- use area and is the last opportunity for the City to offer a variety of housing products for all income levels. She noted that this also offers to add vibrancy that will benefit businesses and restaurants that have been hurt by the seemingly endless pandemic. A roll call vote was performed: Mayor Levine aye Councilor Mazzitello aye Councilor Miller nay Councilor Paper aye City Administrator Cheryl Jacobson confirmed the consensus of the Council to direct staff to prepare related findings of fact to be considered at the next meeting. C) ORDINANCE 572 ESTABLISHING A NATURAL RESOURCES COMMISSION 1. APPROVE THE SUMMARY PUBLICATION OF ORDINANCE Assistant City Administrator Kelly Dumais presented Ordinance No. 572 "Establishing a Natural Resources Commission", in the City of Mendota Heights. She noted the commission will serve in an advisory capacity to the City Council on matters relating to natural resources, sustainability, and environmental and climate stewardship. It is expected that the commission will meet monthly. Councilor Miller commented that he believed this is the right thing to do and is one step of many the community needs to take to better itself and make it more sustainable. Councilor Mazzitello agreed that this is a long time in the making. He was concerned with section six, the powers, and duties, noting that A and B seem rather vague. He stated that one charge that was discussed was to have a Commission that would help the City apply its plans,policies and ordinances and therefore would like to see a related charge. He stated that would be one less step for the Council as this group would make its recommendation to the Council. Mayor Levine agreed and confirmed the consensus of the Council. Councilor Paper asked if there are certain qualifications they will look for in applicants or whether that will be left open. Mayor Levine commented that she believes that there is a wealth of knowledge in the community and feels all applicants would be qualified. She stated the group would benefit from a student representative. Assistant City Administrator Kelly Dumais stated that this ordinance focuses on the establishment of the Commission, not the bylaws. She stated that student representatives and qualifications will flex based on the timing and therefore would be addressed in the bylaws. February 2, 2022 Mendota Heights City Council Page 14 of 16 Councilor Paper moved to approve ORDINANCE NO. 572 ESTABLISHING A NATURAL RESOURCES COMMISSION. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 Councilor Mazzitello moved to approve SUMMARY PUBLICATION OF ORDINANCE NO. 572. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced the upcoming Frozen Fun Fest and reviewed the related events. COUNCIL COMMENTS Councilor Paper thanked everyone for coming out tonight. Councilor Miller apologized,noting that at the last meeting they discussed the issue of a facility that takes in troubled youth and he should have done better. He stated that he is sorry he did not stand up for those kids. He noted that not every kid that is in that facility is there because they got into trouble. He stated that there was robust public discourse tonight and he is thankful for that opportunity. He stated that residents always have a voice and that is in the voting booth. Councilor Mazzitello commented that he agrees with the statements on the potential shelter and the need to not disparage those that may need that service. He stated that people should be involved and should run in the election if they desire. He commented that the job of the Council is not easy. He stated that he accepted every phone call, text message and email because he is in the position he chose to be in and welcomed more participation. He stated that today is groundhog's day and the forecast predicted six more weeks of winter but acknowledged the great job public works does clearing the snow. Mayor Levine welcomed the new member of the Parks and Recreation Commission. She also thanked all those that participated in Blade with the Blue the past weekend and hoped that people participate in the upcoming Frozen Fun Fest events. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 February 2, 2022 Mendota Heights City Council Page 15 of 16 Mayor Levine adjourned the meeting at 11:1 S p.m. G ' Ste ani evine Mayor ATTEST: Lorri Smith City Clerk February 2, 2022 Mendota Heights City Council Page 16 of 16